H1B revoked by Company A, Can Company B refile my H1 petition in case of denial

[Maggie2017]

Hi,

 

Company A has revoked my petition, and my visa is still in transfer to Company B. Company B's lawyer says that we could refile the petition in case of a denial of the current petition based on the reason for the denial of the H1B transfer to Company B.  So my question is,

 

1. Can we refile another H1B petition immediately in PP in the case of H1B denial with the same employer or do I have to seek employment in another company?

 

2. Can I change my status from H1B to F1(say the transfer is denied) and again change my status from F1 to H1B? Is there a minimum duration I have to be on F1 to avoid any GC processing issues?

 

3. Do I have to exit the country and get the H1B stamped in this case?

 

Thanks in advance!

[Attorney_6]

1. It is possible to refile through the same company after a denial. Of course, the second filing will have to be "better" than the first in order to have a reasonable chance at having a different result the second time around. This can be a very valid, viable, option-- if the problem areas that caused the first denial are addressed and "fixed" in the refiling.  Simplest example is when the end client won't cooperate with providing documentation the first time around. Then, once there is a denial, they decide to change their position on providing letters and other documents in support of their contractor's H1B petitions.

 

2. Once there is a denial, it is going to be necessary to travel in order to regain H1 or any new status. Changes/extensions of status within the US require that a person is in status at the time of filing the request (with limited exceptions).

[rahul412]

 

1. Can we refile another H1B petition immediately in PP in the case of H1B denial with the same employer or do I have to seek employment in another company?

 

2. Can I change my status from H1B to F1(say the transfer is denied) and again change my status from F1 to H1B? Is there a minimum duration I have to be on F1 to avoid any GC processing issues?

 

3. Do I have to exit the country and get the H1B stamped in this case?

1. Yes

2. Forget F1, its for student not for H1 employees

3. Only if EOS is rejected and your H1 visa is expired.